New York public schools not responsible for private school transportation on off days
The New York Court of Appeals has ruled that school districts in the state are not required to supply busing for private school students on days that public schools are closed.
The Albany Times Union reports that the decision by New York's highest court ends a legal challenge from an Orange County religious group that sought free public transportation for students that follow different schedules.
The ruling reverses a state lower ruling from November 2021, which sided with the United Jewish Community of Blooming Grove, a nonprofit corporation that serves Jewish families in Orange County.
The group had asked the Washingtonville School District to bus private school students at least 20 days a year during public schools' recesses. After the group's request was denied, it sued the district and state Education Department.
The district's denial was based on a policy that -- while allowing New York City private schools to request five days of transportation on public schools' days off -- did not require public districts elsewhere in the state to provide the same assistance.
Other education laws require school districts to provide sufficient transportation for all children who live within their boundaries, but courts had not ruled on what is considered "sufficient."
Deciding in favor of the district, Associate Judge Michael J. Garcia cited the state's history of prohibiting the allocation of public funds to nonpublic schools, particularly those that teach or are directed by religion.
